Janet Kaimuri Mwai t/a Jamaico Stores v Nkatha & another (Tribunal Case E049 of 2022) [2023] KEBPRT 617 (KLR) (8 September 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 617
- Citation
- [2023] KEBPRT 617 (KLR)
- Decided
- 8 September 2023
The Tribunal finds the landlord's notice to terminate the tenancy invalid due to insufficient notice period and the tenant's report of the premises being habitable outweighs the landlord's reasons.
Facts
The tenant, Janet Kaimuri Mwai, rented premises from the landlord, Lucy Nkatha. The landlord issued a notice to terminate the tenancy due to non-habitable premises, but the tenant contested the notice and sought protection against eviction and distress for rent.
Issues
- Whether the tenant Notice to terminate tenancy issued by the landlord and the reasons advanced are valid?
- Whether the levy of distress by the landlord was lawful?
Reasoning
The Tribunal ruled that the notice period was not sufficient as per the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and the tenant's report from the County Government was considered.
Outcome
The tenant's Reference and Notice of Motion Application are partially allowed, with the tenant handing over vacant possession of the premises to the landlord within 3 days, and each party bearing their own costs.
Orders
- Tenant to hand over vacant possession of the premises to the landlord within 3 days
- Each party to bear their own costs
Remedies
- Tenant to hand over vacant possession of the premises to the landlord within 3 days
- Each party to bear their own costs
Authorities cited
Legislation (4)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
- Section 4(2) of the Act
- Section 4(4) of the Act
- Section 12 of CAP 301
Cases cited (1)
- Manaver N. Alibhai T/A Diani Boutique v South Coast Fitness & Sports Centre Limited, Civil Appeal No 203 of 1994
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